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03-07-2011, 01:18 PM
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5 posts, read 11,815 times
Reputation: 10
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I need help trying to get out of my lease. I currently live with my landlord (I know worst move ever  ) and one other tenant. We had a verbal agreement that he would cover most of the utilities cause of the poor quality of insulation in the house. Now hes coming at both of us saying we have to pay 10% more now on utilities. Heres another thing, all utilities are in his name so I think I can just screw him over on that. Im trying to get out of this house ASAP. I also noticed my lease was never notarized and Ive been told it makes it pretty much worthless. If I give him a 30 day notice that Im moving out there isnt much he can do besides hit me in small claims court for the last 2 months in rent? I could use some feedback on this to make sure Im not missing any steps or if someone out there knows more about this it would help out a lot!
Thanks  |
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03-07-2011, 01:43 PM
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912 posts, read 5,062,168 times
Reputation: 2072
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I don't think your lease has to be notarized to be in effect. If you both signed it, and its not full of illegal clauses, then it will stand in court as a contract.
Its always better to not leave in bad-blood. Have you tried talking with your landlord about your need to move out asap??
If the utilities are not mentioned in the lease, and you never signed for it, then should not be liable for them.
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03-07-2011, 02:03 PM
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5 posts, read 11,815 times
Reputation: 10
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Trust me theres no talking to this meat head. When I try he acts tough and tries to threaten me. Utilities are on the lease agreement. What gets me is he uses just as much power and heat but feels the need to pay less on utilities just because he is the landlord. Hes just a dirt bag
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03-07-2011, 02:06 PM
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Location: NJ
17,578 posts, read 44,553,812 times
Reputation: 16249
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What exactly does it say in the lease about utilities? Whatever is says is what you should be paying.
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03-07-2011, 02:17 PM
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5 posts, read 11,815 times
Reputation: 10
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It says the Lessee is responsible for all utilities. Which I noticed after he raised the amount I pay. They are all in his name so hes responsible for them I think
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03-07-2011, 02:26 PM
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912 posts, read 5,062,168 times
Reputation: 2072
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Quote:
Originally Posted by tjspecial
It says the Lessee is responsible for all utilities.
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That's it. End of story.
You are the "Lessee". You signed and agreed to pay "all utilities". That's what you are liable for.
Sorry. |
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03-07-2011, 02:29 PM
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Location: NJ
17,578 posts, read 44,553,812 times
Reputation: 16249
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Quote:
Originally Posted by tjspecial
It says the Lessee is responsible for all utilities. Which I noticed after he raised the amount I pay. They are all in his name so hes responsible for them I think
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So you aren't paying all the utilities right now? Sounds like you are getting a break considering what is in the lease. |
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03-07-2011, 02:43 PM
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5 posts, read 11,815 times
Reputation: 10
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Nope but we had an agreement at the beginning of the year Id pay 25% now hes changing it. I should of made sure it was in the lease. Last time I trust someone Ive known for 13 years. Just sucks hes going back on his word. Im trying to figure a way out of paying these utilities for the remaining lease, seeing as there in his name its not my problem especially if I move out and Im not using any resources.
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03-07-2011, 02:48 PM
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Location: NJ
17,578 posts, read 44,553,812 times
Reputation: 16249
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Quote:
Originally Posted by tjspecial
Nope but we had an agreement at the beginning of the year Id pay 25% now hes changing it. I should of made sure it was in the lease. Last time I trust someone Ive known for 13 years. Just sucks hes going back on his word. Im trying to figure a way out of paying these utilities for the remaining lease, seeing as there in his name its not my problem especially if I move out and Im not using any resources.
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I don't think "not my problem" means what you think it means. |
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03-07-2011, 02:53 PM
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Location: Boise, ID
8,046 posts, read 27,420,822 times
Reputation: 9451
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Agreed that leases do not need to be notarized, unless the lease says something like "invalid unless notarized".
If the lease says you pay utilities, and you signed that, and the agreement that the landlord would pay them is verbal only, you will have a problem if that gets to court.
So yes, the landlord could take you to court for 2 months unpaid rent, utilities, late fees, court costs, attorney fees, etc. In my experience, on rent in the ballpark of $800/month, that adds up to about $4000 or so dollars. (Yes, really)
You said you have 2 months left on the lease. I assume that means through April 30th. If your lease is by the calendar month like ours is, then notice given today would be for April 30th anyway, so you would be liable for rent through then. If you meant 2 months after your 30 days, then there is 1 month in question, and you will have to work that out with the landlord.
My suggestion is to try for a buy out settlement. Agree (in writing) that you will pay xx amount total and be out on such and such date, and be released from future obligations.
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